ARUNWAN THAMVARO Vs. STATE

JUDGEMENT

(1.) This petition u/s 482 Cr.P.C. seeks to challenge the order framing charge against the petitioner u/s 120 B of the Indian Penal Code read with Section 419 & 420 of the Indian Penal Code as well as for commission of offences u/s 471/120B of the Indian Penal Code. The facts of the case are as under:- On 29.5.2004 the passport of the petitioner Miss Arunwan Thamvaro alongwith the passports of the two other passengers were scrutinised at the Indira Gandhi International Airport by Mr. Ganga ACIO-II who found UK visas on the three passports. The visa on the passport of the petitioner was found to be genuine. The other two visas on the two other passports of both Thai nationals were found to be fake. The two Thai nationals, co-accused in this case later revealed their real names as Pak Priya & Runguappa respectively. The petitioner was presumed to be the facilitator in the offence. All the three were handed over to police. All the three accused were arrested and the disclosure statements of the co-accused viz Pak Priya & Ranguappa were recorded and they were eventually charge-sheeted. The two co- accused pleaded guilty and they were convicted u/s 419/420 IPC read with Section 120B IPC as well as Section 471/120B of IPC.

(2.) The petitioner prayed for discharge. The application was dismissed vide an order dated 24.8.2004. Eventually on 24.9.2004 the trial court framed charge u/s 419/420/471 IPC read with Section 120 B against the petitioner.

(3.) The main ground for seeking discharge by the petitioner was that except the disclosure statement of the accused 1 &2, the two other passengers, there is no evidence against the petitioner Miss Arunwan Thamvaro who was accused No.3 in this case and that even the disclosure statement of those two accused were hit by Section 25 of the Evidence Act. The allegation against the petitioner is that she facilitated the journey of the accused No.1 and 2 on fake visas and in that manner had conspired in the offence of cheating and impersonation. The petitioner did not make any disclosure statement before the police. She was travelling on a genuine passport and genuine visa. The prosecution has therefore to show some nexus either between the petitioner and the other accused in this case or between the petitioner and the act of acquisition of fake passports or fake visas which were used by the other two accused for their journey upto Indian soil. Learned State counsel has taken this Court through the evidence relied upon by the prosecution on which charge is framed. Mr. Ganga, ACIO-II/G of Indira Gandhi International Airport reported the occurrence to the SHO, Indira Gandhi Airport, New Delhi by a written document. He reported that Shri Ram Singh I/C wing ACIO -I handed over to him three passports of three passengers including the petitioner who were intending to go to London by Flight No. VS-301 and on scrutiny of document it was found that the UK visa affixed on the passport of Ms. Hathai Pinthong had been tampered with and that the passport of the other passenger Ms. Wimonwan Dormer had not been rightfully issued to the passport holder while the passport and visa of the petitioner were genuine. The officials of the British High Commission was contacted by Mr. Ganga who confirmed that Ms. Pinthong and Ms. Wimonwan Dormer were not rightful visa holders.